photo by: Douglas County GIS map

An aerial photo on file with Douglas County property records, shows 209 N. Fall Creek Road. Records have indicated that the house has been Thomas Fritzel's primary residence. Fritzel has filed paperwork seeking that he be sentenced to house arrest rather than prison for federal fraud convictions.

Lawrence developer and four-time convicted felon Thomas Fritzel has requested to serve his prison sentences not behind bars but at his multimillion-dollar home.

Fritzel, who was convicted of the felony counts in two federal cases, has requested in both cases to serve his prison sentence in home confinement because of the COVID-19 pandemic. The motions, filed in U.S. District Court, argue in part that prisons are not doing enough to stop inmates from getting the virus and that Fritzel, due to a medical condition, would be particularly at risk should he contract COVID-19.

“The COVID-19 pandemic has brought about extraordinary circumstances that justify a judicial recommendation for Mr. Fritzel’s sentence to be one of home confinement, where he can take measures to prevent being infected with the virus and prevent becoming a vector to spread the virus to others,” Fritzel’s attorney, Thomas Lemon, stated in the motions.

In February, U.S. District Court Judge Holly Teeter sentenced Fritzel to three months in prison and a $55,000 fine for three felony convictions related to illegal disposal of asbestos during a construction project at the former Alvamar Country Club, now known as the Jayhawk Club. In the other felony case, related to the development of The Oread hotel, Fritzel pleaded guilty to one count of criminal conspiracy for scheming to collect more than $400,000 in fraudulent tax refunds from the City of Lawrence. As part of the plea agreement in that case, attorneys for both parties agreed to recommend a sentence of 12 months and a day in federal prison and a fine of up to $250,000.

Fritzel’s home is located in the Fall Creek Farms subdivision in Lawrence. Douglas County property tax records indicate the home is valued at approximately $2.98 million. Real estate listings describe the residence as a 12,700-square-foot home, located on more than four acres, that includes eight bedrooms, 9.5 bathrooms and a pool.

In arguing that Fritzel should be able to serve his sentences at home, Lemon states in the motion that prisons and other congregate living situations create the ideal environment for transmission of the virus and the Bureau of Prisons has failed to take appropriate measures to ensure the safety of inmates and staff. Lemon cites a high number of infections that have been reported in prisons and provides documentation from health providers indicating that Fritzel’s medical condition, age and family health history would put him at particular risk.

Specifically, the motions and a letter from Fritzel’s doctor state that Fritzel, who is 54, has allergies and moderate to severe asthma and is required to take medication daily, including steroids that can lead to an immunocompromised state. The motions and letter also state that Fritzel has a family history of a lung disease called idiopathic pulmonary fibrosis and that the combination of Fritzel’s medical condition, family history and age “may make a successful recovery difficult” if he were to contract COVID-19.

Federal prosecutors filed a response to the home confinement request in the asbestos case, asking for the judge to deny Fritzel’s request. Attorney Jared Maag stated in his response that a federal court is generally without authority to modify a sentence once it has been imposed. Maag states that the current circumstances do not fall under any of the few exceptions to this standard, which include a motion from the director of the Bureau of Prisons or if a defendant was sentenced based on a sentencing range that has been subsequently reduced by the Sentencing Commission and designated to apply retroactively.

“Simply put, this Court is without jurisdiction to entertain the defendant’s appeal for sentence modification,” Maag states. “Accordingly, his motion must be overruled and all relief denied.”

Lemon replied to Maag’s response, stating that Maag did not address the merits of Fritzel’s request. Lemon also disputed the argument that the court does not have the jurisdiction to modify Fritzel’s sentence. In part, Lemon argued that in similar cases the Bureau of Prisons has disclaimed authority to exercise jurisdiction over individuals not yet in custody.

The request for home confinement is not the first request made by Fritzel’s attorneys when it comes to how he serves his prison time. During the sentencing in the asbestos case, Fritzel’s attorneys previously requested that he be able to serve his sentence in the federal prison in Yankton, S.D. Yankton is a minimum-security federal prison camp, according to its website. A 2009 Forbes article included it on its list of the country’s “10 Cushiest Prisons.”

Judges have not directly responded to Fritzel’s request for home confinement, but both of his upcoming court appearances have been delayed. Fritzel’s sentencing in the criminal conspiracy case was scheduled for Monday, but has been continued until June 1. Judge Daniel Crabtree states in an order that the court finds that conducting a public in-person hearing at this time could risk the public health and the health of the participants in the hearing. A status conference in the asbestos case, which was previously set for Tuesday, has been rescheduled to June 2. Teeter, the judge in the asbestos case, previously agreed to suspend Fritzel’s prison sentence until a day after the sentencing date in the criminal conspiracy case.